STATE OF NAGALAND Vs. K. ADASO MAO
LAWS(GAU)-1994-1-17
HIGH COURT OF GAUHATI
Decided on January 13,1994

STATE OF NAGALAND Appellant
VERSUS
K. Adaso Mao Respondents

JUDGEMENT

W.A. Shishak, J. - (1.)This appeal is directed against order of acquittal dated 16-12-92 passed in Criminal Revision No. 40(10) 92 by the learned Additional Deputy Commissioner (J) Phek. The appellant (the State of Nagaland) had made an application for condonation of delay in preferring the present appeal. This appeal was filed on 16-4-1993. Notice was issued to the respondent. On 19-5-93, the prayer for condonation to file this appeal was allowed and the appeal was admitted.
(2.)The respondent was put on trial in connection with G.R. Case No. 17/90 U/S 53(a) Nagaland Excise Act. At the time of trial the respondent was not defended by any lawyer. The State was represented by P.S.I. The allegation was that the respondent had kept eight(8) pots of rice beer at his house for selling at New Town, Phek. Charge was framed under the aforesaid Sec. of law and read over and explained to the respondent on 23-2-90. It is stated that respondent admitted his guilt and he had begged for mercy. On his own plea of guilty, the respondent was convicted u/S. 53(a) Nagaland Excise Act and sentenced him to pay a fine of Rs. 50.00 (Rupees fifty) in default to undergo simple imprisonment for ten (10) days. The seized articles were confiscated to the Government. This order was passed on 14-3-90.
(3.)The respondent joined service as Constable in 1974. At the time of conviction and dismissal consequent on conviction, the respondent was Naik.


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